Pain and suffering damages are a form of non-economic compensation available in personal injury cases. They are meant to address the physical pain, emotional distress, and overall impact an injury has on a person’s life, not just the financial costs tied to medical bills or lost income.
In many injury cases, pain and suffering damages make up a significant portion of the total recovery. Understanding how these damages work helps explain why two cases with similar medical bills can result in very different settlement values.
What Are Pain and Suffering Damages?
Pain and suffering damages compensate for the human cost of an injury. These damages do not come with receipts or invoices, but they reflect real losses that affect daily life.
Pain and suffering may include:
- Physical pain from the injury itself
- Discomfort during recovery or rehabilitation
- Chronic pain or long-term physical limitations
- Emotional distress such as anxiety, depression, or fear
- Loss of enjoyment of life
- Sleep problems or mental strain caused by the injury
Unlike economic damages, pain and suffering focuses on how the injury feels and how it changes a person’s quality of life.
How Pain and Suffering Differs From Economic Damages
Economic damages cover measurable financial losses. Pain and suffering damages cover losses that are harder to measure but still legally recognized.
Economic damages often include:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
Pain and suffering damages address the personal impact that goes beyond dollars and cents. Both types of damages are often pursued together in a personal injury claim.
How Are Pain and Suffering Damages Calculated?
There is no fixed formula for calculating pain and suffering damages. Courts and insurance companies use several methods to estimate a fair amount based on the facts of the case.
Two commonly used approaches are the multiplier method and the per diem method.
The Multiplier Method
Under the multiplier method, economic damages are multiplied by a number that reflects the severity of the injury. Minor injuries may use a lower multiplier, while serious or permanent injuries may justify a higher one.
Factors that influence the multiplier include:
- Severity of the injury
- Length of recovery
- Whether the injury caused permanent impairment
- Level of physical pain involved
- Impact on daily activities and relationships
There is no standard multiplier that applies to every case. Each situation is evaluated individually.
The Per Diem Method
The per diem method assigns a daily value to pain and suffering and multiplies it by the number of days the injured person experiences symptoms.
This approach considers:
- How long the pain lasts
- Whether symptoms are temporary or ongoing
- The consistency of physical or emotional discomfort
Insurance companies may challenge this method, especially in cases involving long recovery periods.
Which Method Does Ohio Use?
Ohio does not require courts or juries to use the multiplier method or the per diem method when calculating pain and suffering. Neither approach is mandated by statute.
Instead, Ohio juries are instructed to award an amount they consider fair and reasonable based on the evidence presented. This includes factors such as the nature and extent of the injuries, the duration of pain, the impact on daily life, and the credibility of testimony.
Attorneys may reference concepts similar to multiplier or per diem approaches during settlement negotiations or closing arguments, but the final determination is left to the jury’s discretion, subject to Ohio’s statutory caps on non-economic damages.
What Factors Affect Pain and Suffering Awards?
Several factors influence how pain and suffering damages are valued.
Common considerations include:
- Type and seriousness of the injury
- Need for surgery or invasive treatment
- Length of medical treatment and recovery
- Whether the injury caused permanent disability or scarring
- Age and overall health of the injured person
- Impact on work, hobbies, and family life
The more disruptive the injury is to everyday life, the more weight pain and suffering damages may carry.
Proving Pain and Suffering
Because pain and suffering is subjective, evidence is critical. Insurance companies do not simply take a person’s word for it.
Evidence used to support pain and suffering damages often includes:
- Medical records documenting pain complaints and treatment
- Testimony from doctors or specialists
- Physical therapy and rehabilitation records
- Personal journals describing daily limitations
- Statements from family members or coworkers
- Photographs or videos showing injury effects
Consistent documentation helps connect the injury to the physical and emotional hardship experienced.
Pain and Suffering in Serious Injury Cases
Pain and suffering damages tend to be higher in cases involving serious injuries, such as:
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Amputations
- Permanent disfigurement
These injuries often result in lasting pain, emotional trauma, and lifelong limitations, all of which are relevant when determining compensation.
Can Pain and Suffering Be Limited?
Ohio law does place limits on pain and suffering damages in certain types of cases. For most personal injury claims, Ohio has statutory caps on non-economic damages, which include pain and suffering, emotional distress, and loss of enjoyment of life. These caps generally limit non-economic damages to a set amount or a multiple of the plaintiff’s economic damages, whichever is greater.
Different rules apply in medical malpractice cases. Ohio law imposes separate caps on non-economic damages in medical claims, with higher limits for catastrophic injuries such as permanent disability or loss of a bodily function. Whether a cap applies depends on the nature of the claim and the severity of the injuries.
Why Pain and Suffering Matters in Injury Claims
Pain and suffering damages recognize that injuries affect more than finances. They acknowledge the toll injuries take on physical comfort, emotional stability, and overall well-being.
Without pain and suffering damages, compensation would fail to reflect the full impact of an injury. These damages help balance the scales by accounting for losses that cannot be measured by bills alone.
Contact the Sandusky Personal Injury Lawyers at Wisehart Wright Trial Lawyers for Help Today
Pain and suffering damages are a central part of many personal injury claims. They reflect the reality that injuries change lives in ways that extend beyond medical expenses and lost paychecks. By documenting the full scope of physical and emotional harm, injured individuals can seek compensation that more accurately reflects what they have endured.
If you were injured and have questions about what your pain and suffering may be worth, contact the Sandusky personal injury lawyers at Wisehart Wright Trial Lawyers. Call today to discuss your case and schedule a free consultation.